Donation

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Uploaded: 21.08.2007
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Contents.
Introduction. 2
I. History of the donation contract. 4
§ 1. Donations in Roman law. 4
§ 2. Development Institute donation in Russia. 7
II. The concept and content of the contract of donation. 33
§ 1. Concept of the donation contract. 33
§ 2. The participants (the parties) the contract of donation. 52
§ 3. The content of the donation contract (rights and obligations of the parties). 60
III. Termination and annulment of the contract of donation. 62
§ 1. Termination of the contract of donation. 62
§ 2. Repeal the deed of gift. 67
Conclusion. 73
List of used literature. 76
A contract of gift has been carefully designed by scientists in Roman law, therefore the contract is not new in the civil law, but despite the fact that the deed of gift has old origins, the problems that existed in Roman law, preserved to this day and have been further development. This is the relevance of the topic.
The relevance of the chosen topic is confirmed by the fact that even the Roman law the donation contract (pactum donationis) recognized an informal agreement under which one party, the donor, provides the other party, the donee, any values \u200b\u200bdue to their property in order to be generous in relation to the donee (animus donandi).
The contract of donation mediates transfer of property (property rights, etc.) from one person to another, and both the donor and donee are legally equal subjects. Thus, the legal relations arising from the contract of donation, well within the scope of the subject of civil rights and an adequate method of civil regulation. The contract of donation mediates transfer of property (property rights, etc.) from one person to another, and both the donor and donee are legally equal subjects. Thus, the legal relations arising from the contract of donation, well within the scope of the subject of civil rights and an adequate method of civil regulation. Its most important provisions relating to the subject of the contract, the responsibility of the donor, giving reason to cancel, had borrowed heavily pre-revolutionary Russian law.
The doctrine interpreted the donation as a way of acquiring ownership, ie a unilateral act and not an agreement. The rationale of this thesis is the fact that the gift, accompanied by a transfer of the gift to the donee, does not create any obligation. In other words, the donation (the real deal) is done and executed simultaneously at the time of delivery of the thing. Supporters of the opposite view came from the fact that the subject of donation can not be the only things transferred to the ownership, but also a variety of property rights. In addition, donations can also act as a consensual transaction, t. E. In the form of a promise to give something in the future. Finally, the most serious argument in favor of giving full recognition of the civil law contract - is the need to obtain the consent of the donee to accept the gift. All these arguments proposed by GF Shershenevich at the beginning of the century, have retained their relevance and formed the basis for the modern understanding of the donation contract. In the Soviet period, the donation contract is designed as a real, and it can act as a subject of things.
Thus, sharply narrowed the scope of this agreement, which, however, justified by reference to the principles of socialist morality. Under the current Civil Code donation can act as both real and consensual agreement. In the latter case, the contract gives rise to the obligation to transfer certain property to the donee at the time that does not coincide with the moment of conclusion of the contract, ie, in future.
Relevance of the topic determined by the need of using in practice the donation contract at this stage of economic and legal development of the Russian Federation.
The main goal of this work is to characterize the deed of gift, to identify its specific characteristics, the scope of application is current

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Place of delivery: INUEP, assessment: "excellent", the date: 2006.

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